the rule of law exists before the crime, and that the law be followed when you're prosecuting this person as it existed at the time of the crime. there's no provision for the president of the united states to take this guy, as horrendous as we believe he is, as profound the evidence of his guilt, away from the criminal justice system and ship him to guantanamo bay. i'll make senator graham's argument for him. if this guy is really a soldier from a foreign country who put civilian clothing on, who was financed and trained and paid for and sent here by a foreign government that wants to destroy the united states of america, then he can be treated as a soldier of a foreign country, then you can be treated as an enemy combatant. but governor, there's not an iota of evidence to support that. in fact the evidence the fbi has said is to the contrary. mayor menino, governor patrick, the head of the fbi in boston, have all said these guys were not sent by a foreign government. >> mike: i think you make a great point, too, about the just dessert that people get. timothy mcveigh, a sense of justice